British Columbia introduces new extended leave for serious illness or injury under Employment Standards Act (update)

At a glance

• The government of British Columbia (BC) is proposing to expand job-protected leave entitlements.
• Qualifying employees could receive up to 27 weeks' leave within a 52-week period if they are unable to work due to a serious personal injury or illness.
• If enacted, BC employers will have to update leave policies / practices to provide extended job-protected leave for serious illness or injury. 

Update: 14 November 2025 

On 12 November 2025, the government of BC brought into force the new rules regarding short-term health-related leaves under the BC Employment Standards Act (ESA) and Employment Standards Regulation.

BC employers are now prohibited from requesting a medical note in respect of a worker’s first two health-related leaves of absence of five consecutive days or less in a calendar year.

An employer can still ask for a medical note if:

• the employee is absent a third time or more in a calendar year;
• the employer needs medical information to assess whether the employee: (a) is fit to return to work, or (b) requires accommodation to enable their return to work; or
• the employee is absent for more than five consecutive days.

The government justifies the amendments on the basis that most medical conditions resolve within five days, requiring medical notes every time an employee is sick unnecessarily clogs the medical system, and requiring an employee to get a medical note increases the risk of disease spreading.

On October 20, 2025, the government of BC introduced Bill 30, the Employment Standards (Serious Illness or Injury Leave) Amendment Act, 2025. This Bill proposes to expand job-protected leave entitlements under the ESA. 

In its current form, Bill 30 would provide qualified employees up to 27 weeks of unpaid, job-protected leave within a 52-week period if they are unable to work due to a serious personal injury or illness. The proposed extended leave is intended to assist employees with long-term medical treatment and recovery, bringing BC’s employment standards protections in line with several other Canadian jurisdictions and the federal Employment Insurance Sickness Benefits programme.

Employees wishing to qualify for this leave would be required to present a certificate from a health practitioner setting out that the employee is unable to work due to a medical condition, as well as the start and end dates of the leave. This medical certificate requirement differs from short-term sick leave. The new rules under the ESA regarding short-term sick leave expressly prohibit BC employers from requiring proof of illness from employees, as we discussed in a previous post. These rules have received royal assent but are yet to come into force.

The proposed extended leave must be taken in increments of at least one week. If the full 27 weeks of leave are not used within 52 weeks from the leave start date, the remaining entitlement may be resumed or extended within that same period, provided the medical requirements are met. 

If an employee on the leave returns to work but becomes unable to continue working because of the same medical condition, the proposed amendments provide for additional leave without a new certificate, provided the 27 weeks of leave have not been exhausted within the 52-week period.  

Takeaways for employers

If enacted, Bill 30 will require BC employers to update their leave policies and practices to provide extended job-protected leave for serious illness or injury pursuant to the ESA. We encourage employers to begin reviewing policy language and ensuring HR teams are aware of the proposed changes.